Switching Sponsors but with a lag

[AK89]

Hi Guys,

I have read few posts on this forum and this seems like a great place to take advise on some visa issues I am facing.

I came to this country in September 2010 under Tier 4 (Student visa) and got the Post Study work visa after finishing university. I started working for a company while on my post study work visa in 2012 and have been working there since then as they started sponsoring me on Tier 2 (General) from July 2013.

My questions to this group are:
1. Any idea how long will it be for me before I can apply for ILR? And what is the rule around 180 days in 5 years?
2. I would like to leave my current employer by Oct this year. Is there any cooling off period applied to me?
3. I have received another employment offer from a new employer and they are happy to apply for my Tier 2 (General) visa. Can I ask them to start my sponsorship from next year and still resign in Oct?

Any help will be much appreciated!Thanks guys

[CR001]

1. You will only qualify for ILR after 5 years on Tier 2 General. No more than 180 days per 12 month cycle in the 5 years.

2. I am not sure but think you can switch within the UK. Your new employer needs to do RMLT process etc.

3. Are the new employer on the approved list of sponsors for Tier 2 G? Have they done RMLT process etc.?

[geriatrix]

2. Yes, as CR001 has commented (RLMT etc.). Leave to remain applications are not subject to cooling-off requirement.

[AK89]

Thanks for the response guys.

The new employer is a big 4..so i'm guessing they would pass the RMLT check as most of the times they have jobs advertised all the time.

I am still confused if I can quit my current job now and start the new one next year without the cooling off period. My HR mentioned that it may be applicable in my case

[CR001]

2. Yes, as CR001 has commented (RLMT etc.). Leave to remain applications are NOT subject to cooling-off requirement.

How long is your notice period with your current employer?

You should apply for the new Tier 2 G visa before you leave the UK and after RMLT is completed and COS issued.

[AK89]

Notice period is 4 weeks.

Can i not leave before i receive a new CoS? or apply for the new CoS from India?

Thanks for your help!

[CR001]

How long do you plan on being out of the UK?

When does your current visa expired?

If you apply from outside the UK, it is a new entry clearance visa and if you resign, your current employer is obligated to inform Home Office and your visa will be curtailed.

[AK89]

Around 3 months if possible...My current visa expires July next year.
How is a new entry clearance visa different from the one I would get by applying in UK?
Also, any idea if I can take any unpaid leave with my current visa?

[CR001]

Your visa will be curtailed, ie cancelled once your employer notifies HO that you have resigned/left the their employment. You will have a limited timeframe to apply for a new visa once your visa is curtailed/cancelled. Manci or Sushdmehta might be best to advise you.

Your new employer will still need to follow the RMLT process before you can proceed with anything.

Entry clearance is applications made outside the UK

Extension or switching of Limited Leave to Remain are applications made within the UK. You can apply for an extension from abroad.

Also, any idea if I can take any unpaid leave with my current visa?

How can you take unpaid leave if you resign and are not in employment with either the old or the new company? You will simply have an absence from the UK as unemployed.

[geriatrix]

If you apply (for leave to remain) from within the UK you will need a unrestricted CoS and not subject to cooling-off period.
If you wish to apply (for entry clearance) from outside the UK, you will need a restricted CoS and you will be subject to 12 months cooling-off period.

How should you do it:
Get a unrestricted CoS from prospective sponsor with employment start date 01-Jan-16. Apply for leave to remain with sponsorship from new sponsor. Upon receiving new BRP, resign and serve (4 weeks) notice period. Go home and enjoy holidays. Come back on 31-Dec. Join new employer 01-Jan-16.

[CR001]

Ahhh, thank you Sushdmehta

[AK89]

Thank you both!! It makes it clearer for me now.

It's just that my fiance' is in Amsterdam and we are getting married this Oct. I am trying to exhaust as many options as I can to try retaining work permit/ ILR while I am in Amsterdam for a few months.

Let me know if you guys have any idea how i could do this.

[geriatrix]

Read "how should you do it" in my previous response. IMHO, safest option!

[AK89]

Ahh, thank you!! I might just try that option